Trial Magazine

Oncor Electric Delivery Co. owned and controlled high voltage and secondary power lines and service lines, including one that ran to a utility pole on the corner of a lot owned by James Stacey Taylor, 42, and his brother. Over time, the trees in Oncor’s right-of-way grew all around the various power lines, and the Taylors’ neighbors complained that the overgrown trees were creating power outages. Taylor and his brother notified Oncor of this repeatedly. Company representatives told the Taylors that trimming the trees was their responsibility, not Oncor’s. The company repeated this assertion even after the Taylors told them that private tree trimmers had refused to do tree trimming work around the power lines.

Taylor later attempted to cut down two trees that had grown into the power lines. He was severely shocked and burned and suffered spinal cord injuries that left him with incomplete quadriplegia. His past medical expenses totaled $615,000. Taylor, who had worked as a compliance officer, now requires 24-hour care. His past lost income was $322,000.

Taylor sued Oncor, alleging that the defendant had wrongfully told him trimming the trees near its power lines was his responsibility and that this placed him in a position of violating Texas law. The plaintiff claimed the defendant knew that other consumers had rented trimming equipment like he did and had also experienced shock injuries.

The jury awarded $44 million, finding the plaintiff 25% responsible. The jury also concluded that the defendant had acted unconscionably and had both interfered with the plaintiff’s ability to comply with and encouraged him to violate the law.

Citation: Taylor v. Oncor Electric Delivery Co., Inc., No. DC-16-01615 (Tex. Dist. Ct. Dallas Cnty. Apr. 18, 2023).

Plaintiff counsel: AAJ member Sean Breen, Chris Lovorato, Brian Lauten, and AAJ member Robert Swafford, all of Austin, Texas.